Warning: This article contains graphic content.
Ontario Superior Court Justice Maria Carroccia is delivering her ruling today in the sexual assault trial for five former members of Canada’s world junior hockey team.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have all pleaded not guilty to sexual assault in an encounter that took place in a London, Ont., hotel room in the early hours of June 19, 2018.
Follow for the latest updates below. All times are eastern.
The NHL says the five players acquitted of sexual assault are ineligible to play in the league while it reviews the judge’s findings.
The NHL said in a statement the allegations in the case were disturbing, even if not determined criminal.
The league also called the behaviour at issue “unacceptable.”
The Canadian Press
E.M. is very disappointed with the judge’s verdict and assessment of her honesty and reliability, her lawyer Karen Bellehumeur said in a post-verdict statement in front of the media.
Bellehumeur called E.M. a remarkable person and “truly a hero.”
“She knew there were no guarantees for guilty verdict, and that if she had decided not to testify, that decision would have been accepted. But she felt that it was important to see the process through to the end, even if it meant opening herself up to intense scrutiny and unjustified criticism,” Bellehumeur said.
She adds that E.M.’s treatment during cross-examination was at times, insulting, unfair, mocking and disrespectful.
“There was nothing more she could have done,” E.M.’s lawyer said. “That said – the justice system must do better.”
Lynn Chaya, CTVNews.ca breaking digital assignment editor
Daniel Brown, a lawyer for Alex Formenton, said the judge reached “a just and correct verdict that must be respected.”
He said Formenton had a promising hockey career ahead of him before the accusations, and his client was “condemned and felt banished from society.”
Brown said the evidence has “always demonstrated” that Formenton did not commit a sexual assault.
He said the case highlights the fundamental right to be presumed innocent.
Prosecutor Meaghan Cunningham spoke to reporters outside the courthouse following the acquittals.
She said the Crown’s success in a trial is not measured solely by whether there are guilty verdicts at the end, and the goal was to have fair proceedings for all involved.
Cunningham thanked the complainant for coming forward and for her strength during the trial.
She added that her team has received dozens of messages of support for the complainant, which they have passed along to her.
She said her team will “carefully review” the judge’s decision and she had no further comment as the case is still within the appeal period.
The Canadian Press
None of the five players have been convicted of the sex assault charges brought against them.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
Michael McLeod is not guilty of sexual assault. He is also charged with party to the offence of sexual assault, but the judge has not yet delivered her verdict.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
Dillon Dube has been found not guilty of sexual assault, in line with the verdicts for three of his former colleagues.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
In her third ruling today, Justice Maria Carroccia says Callan Foote is not guilty of sexual assault.
He was accused of grazing the complainant’s face with his genitals as he did the splits over her in the hotel room, but his lawyers said he was fully clothed and did not touch the woman’s body.
The judge says the splits were separate from sexual activity that took place that night and she is not satisfied that they were sexual in nature.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
With files from The Canadian Press
Justice Maria Carroccia says Alex Formenton is not guilty of sexual assault.
She says the Crown has failed to prove the charge against him beyond a reasonable doubt.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
With files from The Canadian Press
The judge has found Carter Hart not guilty of sexual assault.
She says there is reasonable doubt that the sexual activity between him and the complainant took place without her consent.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
With files from The Canadian Press
E.M. had said repeatedly that she was unusually drunk the night of the alleged assault. However, the judge said, there was “no obvious signs of impairment” displayed in video evidence from Jack’s Bar.
The judge said, in her view, E.M. exaggerated how intoxicated she was that night.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
Some of the complainant’s testimony was proven to be wrong by video evidence, the judge says.
For example, E.M. testified that she felt isolated at the bar, that she tried to sneak away but was followed, the judge said. But video shows she had an extended conversation with a bouncer while there, whom she said was a friend.
E.M. also said she was completely out of it when she arrived at the hotel, the judge recounted. However, she added, video showed E.M. exiting the cab, checking her phone, and walking up the stairs without difficulty.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
Court is back in session, and the judge has moved into her analysis of the trial. She said there are several inconsistencies in E.M.’s testimony, adding witnesses who are inconsistent are less likely to be telling the truth, but not all inconsistencies are important.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
The judge has called for another break before she moves on to her analysis. Court will resume in 15 minutes.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
The judge is now explaining what the Crown must prove in order for the court to reach a conviction.
She says the Crown needs to prove three things: that the accused touched the complainant; that the touching was of a sexual nature; and that there was an absence of consent.
The first two points are not disputed, Carroccia said, with the exception of Foote, whose lawyers dispute whether sexual touching was involved.
What remains is the question of consent.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
The judge is recapping some of the submissions defence lawyers presented during the trial, including the argument that the complainant created a false narrative after she regretted the choices she made that night.
Carroccia says McLeod’s lawyer argued that the consent videos taken of the complainant, as well as other evidence, show she was a willing and “active” participant in the sexual activity that night.
The judge says Hart’s lawyer argued that he was “frank” and truthful on the stand and that the complainant’s version of events cannot be trusted.
Carroccia notes the defence has argued the complainant’s testimony was inconsistent and seemed “rehearsed.”
The Canadian Press
At 1:01 p.m. the judge recognized the time and said she was prepared to continue but asked if anybody needed a “health break.”
McLeod’s lawyer spoke on behalf of the defence and said they were OK to continue.
Kristylee Varley, CTV News London journalist
The judge is recapping the Crown’s arguments and submissions in the trial.
The Crown argued that the complainant was credible and that she had no reason to fabricate the allegations that she did not voluntarily consent to the sex acts that took place in the hotel room.
The Crown also argued that the evidence of the accused players should not be accepted, as their credibility is compromised by the text conversations in the group chat that took place after the encounter.
Carroccia says the Crown argued the players’ group chat was trying to “concoct a narrative” about the complainant and what happened that night.
The Canadian Press
The judge is going over the testimony court heard from Carter Hart, who was the only accused player to testify in his own defence.
Court heard that McLeod texted a group chat asking if anyone wanted to be in a “three-way” and that Hart replied, “I’m in.”
Hart testified that he was drunk and his first memory of the complainant was seeing her laying naked on a sheet on the floor, masturbating.
He also testified that the woman was offering sex to the men in the room and that he briefly received oral sex from her.
The Canadian Press
The judge has resumed reading the reasons for her ruling after the morning recess.
She is recapping some of the testimony court heard from other hockey players who were in the hotel room at some point, but did not face any charges in the case.
Carroccia says one of those hockey players testified that the men in the room appeared to be shocked after he said the complainant offered sex.
The Canadian Press
When the judge called recess, members of the family of the players approached the players to shake hands and hug.
CTV News London journalist Kristylee Varley
The judge has paused her remarks for a 15-minute recess.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
The judge has turned to the two videos, referring to them as “consent videos,” in which E.M. said she was “OK with this.”
“While speaking on the video, E.M. does not display any signs of intoxication. She has no difficulty speaking. … She is not slurring her words and speaks clearly and coherently,” said Ontario Superior Court Justice Maria Carroccia.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor, and CTV News London journalist Kristylee Varley
The judge is going over the facts of the case before she delivers her ruling on the charges against each of the players.
She is describing the details court has heard over the course of the trial, such as how the complainant met McLeod at a bar before going to his hotel room with him, and the texts she’d exchanged with a friend that night.
The judge is also recapping the complainant’s testimony about how she felt after the encounter and what happened after she got home that night.
The Canadian Press
Superior Court Justice Maria Carroccia is telling court that the complainant in the case did not present credible testimony.
Sighs of relief can be heard in the courtroom, where family members of the accused are sitting behind defence lawyers.
She has not yet delivered a formal ruling.
The Canadian Press
Proceedings are underway in a packed courtroom as the judge is expected to deliver her ruling.
The Canadian Press
Consent is the central issue of this trial, according to criminal defence lawyer Nick Cake, who spoke with CTV News outside the courtroom as proceedings got underway inside.
During the trial, prosecutors had argued that E.M. did not voluntarily consent. The complainant told the court she engaged in sexual acts while on “autopilot,” and that she had been surprised and scared. Prosecutors argued she was describing a trauma response, which could affect her behaviour and memory of the events.
Defence lawyers for the players have suggested she initiated sexual activity. The court was also shown two cellphone videos – taken that night, about an hour apart – in which E.M. says she’s “OK with this” and that “it was all consensual.” The Crown had argued those videos were not evidence that she actually consented.
Luca Caruso-Moro, CTVNews.ca breaking digital assignment editor
All five accused players are now inside the London, Ont., courthouse where a judge is expected to deliver her decision in their sexual assault trial later this morning.
Carter Hart was the last accused player to arrive, a little before 9:30 a.m.
Protesters outside are getting quieter after the players’ arrival, and they say they plan to be back this afternoon after the judge makes her ruling.
The Canadian Press
Four of five accused former hockey players are now at the courthouse to await the ruling in their case.
Dillon Dube was the first to enter, followed by Alex Formenton, both of them arriving before 9 a.m.
Michael McLeod and Callan Foote followed.
Protesters’ chanting is intensifying as each player arrives.
The Canadian Press
Supporters of the complainant in the case are gathering outside the courthouse as the line to enter grows longer.
The supporters are carrying colourful signs signalling support for survivors of sexual assault, and copies of planned chants printed on bright orange paper.
One reads: “My dress is not a yes.”
One person is writing out the word “believe” in block letters with chalk on the sidewalk.
The Canadian Press
Reporters and observers began lining up outside the London, Ont., courthouse as early as 6:15 a.m. — more than two hours before it opens.
By 7 a.m., roughly a dozen people were waiting by the entrance.
Space in the courtroom is limited, though staff have set up an overflow room where people can watch the proceedings on TV screens.